The personal representative's letters
The guide published by the Georgia Council of Probate Court Judges and the State Bar's fiduciary law section explains that a personal representative is issued Letters Testamentary, Letters of Administration with Will Annexed, or Letters of Administration. Those letters are the document a buyer, a title company, and a closing attorney will ask to see.
Where the power to sell comes from
The same guide explains that a personal representative's authority to sell may be granted by the will, by law, by a blanket order of the court, or by a specific order. Where that authority does not already exist, the personal representative must petition the probate court for it. Heirs are told plainly that a sale may need the court's permission.
Creditors come before distribution
The personal representative must publish a notice to creditors within 60 days of taking office. That is part of why proceeds from a sale are not simply divided among heirs at closing: the estate's obligations are dealt with first.
Preparing an estate sale
Gather the letters, the will if there is one, the deed, the current tax statement from the county tax commissioner, and any mortgage or lien information. Agree among the heirs on what happens to the contents. A written offer can then go to everyone who has a say, and to the estate's attorney, before anyone signs.
Authoritative sources
These official resources are starting points for records or public guidance. They do not replace property-specific professional advice.
- Duties and responsibilities of personal representativesGeorgia Council of Probate Court Judges and State Bar fiduciary law section.
This material is general education. Contract, legal, tax, title, probate, foreclosure, tenant, insurance, safety, and property-condition questions may require qualified professional advice.
